Am I eligible for an arrest and PTI dismissal to be sealed from my record?

Asked over 2 years ago - Saint Petersburg, FL

I am a 27 year old professional currently in the final stages of completing a PTI term (Drug Court; Farnell) for possession of powder cocaine. I have never failed a drug test, missed a required class, court date, or payment, and have gone out of my way to complete extra incentives for the court (Quit Smoking Challenge, Fitness Challenge, etc). I want to know if I can get this arrest and everything that went along with it off my record. I have already lost one job because of it and most employment applications ask if you have had a dismissal now for felonies (some even specifically ask if you have been on PTI). Could I get this taken care of, and what would I be looking at for a time frame and ballpark cost? I have a previous conviction for a DUI as well, but so does everyone in Florida.

Attorney answers (3)

  1. Summer Rae Goldman


    Contributor Level 11


    Lawyers agree

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    Answered . Unfortunately, because of your DUI conviction, you are not eligible to seal the Possession of Cocaine case.

    Pursuant to Sections s.943.0585 and s.943 .059, Florida Statutes, a Certificate of Eligibility to expunge or seal a criminal history record cannot be issued under any of the following circumstances:
    The criminal history record reflects that you have been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing any felony or a misdemeanor specified in s.943.051(3)b. Certain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked.

    Keep doing well with PTI though because at least you can say the charge was dismissed.

    Best of luck,
    Summer Goldman

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  2. James Regan


    Contributor Level 20

    Answered . Consult an attorney in your county regarding expungement / sealing your record. The last time I checked, DUI is not eligible for expungement and having two criminal charges probably excludes you from expunging the drug charge as well.


    James Regan, Esq.

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  3. John Matthew Leace

    Contributor Level 14

    Answered . In order to get this charge sealed or expunged, you can not have another disqualifying charge on your record. Because the DUI carried a mandatory adjudication, you will not be eligible to get this charge sealed or expunged.

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